Freddie Lee Hall v. State of Florida — Perry, J., Dissenting

Summary

Justice Perry, dissenting, would not permit execution because the statutory bright-line IQ cutoff produces an absurd result when applied to a defendant whose lifelong mental retardation is extensively documented. The dissent reasons that the statute and its interpretation can negate the constitutional bar by requiring a qualifying IQ score while allowing courts to discount adaptive-functioning deficits. Justice Labarga, dissenting, would find the statutory scheme constitutionally inadequate, while Justice Pariente, concurring, would affirm because the statute and controlling precedent require the result absent legislative or higher-court intervention.